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The Law Office of Gregory N. Smith Legal Blog

Defining “Affirmative Consent” for Sexual Activity

We’ve all been told and inherently know that in order to have sex with another person, you must and should have their consent. The problem lies in defining what consent means. Is mutual physical attraction enough without anyone saying “yes”? If someone says “yes,” what all does that consent apply to? Affirmative consent should be obtained every step of the…

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Understanding DWI Tests

Under Missouri DWI laws, all motorists are prohibited from operating or being in “actual physical control” of a motor vehicle while in an intoxicated condition. On suspicion or reasonable belief of driving while intoxicated, a police officer may pull your vehicle over and request that you submit to DWI tests (chemical tests or field sobriety tests). Unfortunately, a lot of…

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THE COSTLY CONSEQUENCES OF INEFFECTIVE REPRESENTATION

A criminal charge can lead to serious consequences if you’re convicted. Not only are incarceration and fines possible, but even probation can change your life and severely limit your freedoms. On top of that, a criminal record can haunt you for the remainder of your life, making it difficult to land your dream job—or any meaningful job—and prevent you from…

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ARE THERE ALTERNATIVES TO GOING TO JAIL?

If you’re facing criminal charges, you’re likely feeling nervous about the penalties you may be facing. Perhaps the most frightening prospect is the possibility of jail time. However, in some cases, there may be alternatives to incarceration depending on your charges. An experienced criminal defense attorney can help you understand your choices and work on your behalf to potentially reduce…

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ARE PARENTS RESPONSIBLE FOR THEIR CHILD’S CRIMES?

Parenting children is an enormous responsibility. If your minor child causes property damage or injury to someone else, can you be held legally responsible? Like most states, Missouri has parental responsibility laws that can hold parents civilly responsible for their child’s actions under certain circumstances. The Law Office of Gregory N. Smith can tell you when those circumstances apply and…

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SPOTLIGHTING YOUNG OFFENDERS: FOCUS ON REDEMPTION, NOT HARSH SANCTIONS

Young people across the St. Louis metro who make mistakes and need help to work through difficult problems don’t want to get lost. Especially in the criminal justice system. Here’s a fundamental fact concerning juveniles that all parents can instantly relate to: Their children’s vast potential also links with a mindset and behavior that is not fully developed. A 45-year-old…

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FELONIES VS MISDEMEANORS: UNDERSTANDING THE CLASSIFICATION

The criminal justice system categorizes crime by several categories. The two broadest categories are misdemeanors and felonies. Generally, a crime’s severity determines its category. The categorization of misdemeanors versus felonies may seem confusing to many, especially because the specifications can vary state to state. Here, we will take a look at how the state of Illinois determines misdemeanors and felonies.…

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FATHER CHARGED WITH ASSAULT, ACCUSED OF SHOOTING SON IN MISSOURI

The vast majority of parents in Missouri and across the country are dedicated to ensuring the safety of their children. For some parents with guns in the household, this includes providing lessons about gun safety. Unfortunately, police say that a lesson in one home turned to tragedy, resulting in an assault charge against a father and the hospitalization of a…

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